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Defendant
A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the guilty portion of Defendant A’s judgment, the lower court found Defendant A guilty of this part of the facts charged, on the grounds that: (a) the Defendant actually received interim settlement of retirement pay; (b) the Defendant drafted an interim settlement application and receipt as of March 9, 2010 and July 31, 201, respectively; and (c) did not make a false statement contrary to memory; and (d) did not have any intent to give perjury; and (b) the lower court convicted Defendant A of this part of the facts charged
B. Prosecutor 1) According to the evidence such as H’s statement as to the acquittal portion as to the Defendants’ misunderstanding of the facts in the lower judgment, Defendant A was not aware of whether H received the interim settlement of retirement pay from F, but H was subject to interim settlement.
Recognizing that the above evidence was proved, Defendant B did not prepare an interim application and receipt for the settlement of the retirement allowance for H on July 31, 201, but rather prepared ex post facto retroactive in accordance with F’s instructions, but it was recognized that the ex post facto was made only after the fact, but the court below acquitted Defendants of this part of the facts charged, so the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2) The punishment sentenced by the lower court against Defendant A (2 million won in penalty) is too unhued and unreasonable.
2. Determination as to Defendant A’s assertion of mistake of facts
A. The lower court determined as follows: (a) according to each interim application and receipt for the settlement of each retirement allowance as stated in the facts constituting an offense, the Defendant was deemed to have received interim settlement of the retirement allowance exceeding the statutory retirement allowance without any special circumstance; and (b) the Defendant’s seal impression on the interim retirement allowance application and receipt around March 9, 201 and around July 31, 201, respectively.